Ex parte HATTORI - Page 7




          Appeal No. 96-0922                                                          
          Application 08/251,306                                                      



          patentee makes it clear that the component parts, i.e., car-                
          rier 30, support assembly 20, and ladder 10 are positioned                  
          beneath the undersurface 34 of the deck 36 of a boat 38 (Fig-               
          ure 4).                                                                     
                    As we see it, the open space beneath the undersur-                
          face of the deck 36 of Crone cannot fairly be considered to be              
          a “recess” in the deck (floor), as the term recess of claim 18              
          is understood in light of the underlying disclosure.  Since a               
          “floor having a transversely extending recess” is not present               
          in the Crone teaching, the subject matter of claim 18 is not                
          anticipated thereby.                                                        
                    In summary, this panel of the board has:                          
                    affirmed the rejection of claim 17 under 35 U.S.C.                
          § 102(b) as being anticipated by Hegg, and                                  
                    reversed the rejection of claim 18 under 35 U.S.C.                
          § 102(b) as being anticipated by Crone.                                     
                    The decision of the examiner is affirmed-in-part.                 






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